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138 NI case-Marking of exhibit.

(Querist) 08 September 2010 This query is : Resolved 
1. The list of documents in notice and complaint does not carry three new documents that were marked.
2. The magistrate after marking got my counsel to sign the 'Memo filed by Complainant' which was dated the previous day, and my counsel signed it 'under objection' but did not date it. Was it right?
3. The Magistrate, marked a document that was titled 'Memorandum of Deposit of Title Deed'. My counsel objected that the said document was not stamped or registered, hence it should not be marked. The magistrate proceeded and marked it without registering his objection. Is it correct? Should I file a memo or something to his court office? The next hearing is almost 20 days away, won't it lose its tenacity?
Kiran Kumar (Expert) 08 September 2010
If the Magistrate is intentionally showing some prejudice then its better to make a complaint against him to the concerned High Court and get the matter transferred to some other court.
DEFENSE ADVOCATE.-firmaction@g (Expert) 14 September 2010
Your objections have to be recorded , just give written application for record.

Morever you have opportunity in cross.
s.loganathan (Querist) 14 September 2010
About this exercise of giving written application, my lawyer is reluctant, to invite the ire of the Magistrate, so thats my fate.
Incidentally, does the accused have a right to make a complaint to the concerned jurisdictional high court on his own, or must that also be done through his counsel?
pawan sharma (Expert) 14 September 2010
i do agree with Mr.Shashikumar.


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